Legislative Council Annual Report 2018-2019

Investigation committee Under Article 79(7) of the Basic Law ("BL"), the President of the Legislative Council shall declare that a Member is no longer qualified for the office when he or she is censured for misbehaviour or breach of oath by a vote of two-thirds of the Members present. A motion may be moved to censure a Member under BL 79(7) and Rule 49B(1A) of the Rules of Procedure ("RoP"). Under RoP 49B(2A), upon themoving of themotion, debate shall be adjourned and the matter stated in the motion shall be referred to an investigation committee unless the Council otherwise orders. An investigation committee consists of a chairman, a deputy chairman and five members who shall beMembers appointed by the President in accordancewith an election procedure determined by the House Committee. Under RoP 73A(2), the committee is responsible for establishing the facts stated in the censure motion and giving its views on whether or not the facts as established constitute grounds for the censure. The committee is required to report to the Council as soon as it has completed investigation of the matter referred to it. A motion may be moved to censure a Member under Article 79(7) of the Basic Law and Rule 49B(1A) of the Rules of Procedure. Legislative Council Annual Report 2018-2019 41